The High Court of Karnataka in Bengaluru has firmly dismissed a petition seeking to quash criminal proceedings against a 25-year-old business development executive. The accused faces serious charges, including rape and criminal intimidation, filed by a woman he initially befriended on the social media platform Instagram.
Court Upholds Serious Allegations of Coercion and Assault
Justice Mohammad Nawaz, presiding over the case, delivered the ruling on Monday. The judge pointedly refused to halt the legal process, emphasizing that the complaint revealed a disturbing pattern of coercion, threats, wrongful confinement, physical assault, sexual exploitation, and psychological intimidation. This pattern persisted despite the complainant's clear attempts to end the relationship.
The prosecution's narrative states that the petitioner first contacted the survivor via Instagram on May 4, 2023. What began as a friendship gradually turned manipulative. The accused allegedly persuaded the woman into sexual conversations and video interactions. He then coerced her into sending nude photographs and explicit videos. When she resisted, he threatened to leak her private images, videos, and chat records to her parents and on social media.
A Timeline of Alleged Abuse and Legal Action
The survivor formally approached the Kumaraswamy Layout police on August 31, 2024. Based on her complaint, the accused was booked under multiple sections for offences including rape, outraging modesty, grievous hurt, and criminal intimidation. He was subsequently arrested on September 1, 2024, and later released on bail.
In his petition to the High Court, the accused argued that the relationship was consensual since May 2023. He claimed that the First Information Report (FIR) and chargesheet, even if taken at face value, did not disclose the essential ingredients of the alleged offences. The petitioner alleged the complaint was filed with an ulterior motive of vengeance after their relationship ended in April 2024.
However, the complainant's counsel presented a starkly different account to the court. They stated that after the relationship ended in April 2024, the woman faced repeated physical assaults, sexual abuse, threats, and blackmail using her private content.
Specific Instances of Violence and Intimidation
Justice Nawaz's order detailed harrowing specifics from the complaint. The accused was alleged to have confined the survivor in his residence on multiple occasions and subjected her to sexual assault. During these incidents, he allegedly beat her with his hands and a broom, and used obscene and degrading language.
The judge noted that the accused continuously threatened to ruin her social reputation and education prospects if she ever disclosed his actions. This created an atmosphere of intense psychological pressure.
Legal Reasoning: Why the Petition Was Dismissed
In his decisive order, Justice Nawaz stated that the allegations disclosed serious accusations of sexual assault committed under duress. These were supported by specific instances and, crucially, substantiated by the complainant's recorded statement under Section 164 of the CrPC (given before a magistrate).
The court held that at this preliminary stage, these assertions cannot be discarded as inherently improbable or manifestly false. Furthermore, such disputed facts cannot be adjudicated within the limited scope of jurisdiction under Section 482 of the CrPC (Section 528 of the new Bharatiya Nagarik Suraksha Sanhita or BNS), which deals with the inherent powers of the High Court to prevent abuse of legal process.
The dismissal of the petition means that the criminal trial will proceed in the lower court, where evidence from both sides will be examined in detail. The High Court's ruling underscores the judiciary's cautious approach in intervening at early stages when serious allegations of sexual violence, backed by prima facie evidence, are involved.
